not exceeding thirty days, in the recefs of the house-only: They may grant fuch licences as fhall be directed by law and thall have power to call together the general affembly when neceffary, before the day to which they fhall ftand adjournsed. The prefident fhall be commander in chief of the forces of the ftate, but shall not command in perfon, except advifed thereto by the council, and then only fo long as they shall approve thereof. The prefident and council fhall have a fecretary, and keep fair books of their proceedings, wherein any counsellor may enter his diffent, with his reasons in fupport of it.

Sec. 21. All commiffions fhall be in the name, and by the authority of the freemen of the commonwealth of Pennfylvania, fealed with the ftate feal, figned by the prefident or vice-prefident, and attefted by the fecretary; which feal fhall .be kept by the council.

- Sett. 22. Every officer of ftate, whether judicial, or executive, fhall be liable to be impeached by the general affembly, either when in the office, or after his refignation, or removal for mal-administration: All impeachments fhall be before the prefident or vice-prefident and council, who shall hear and determine the fame.

Sect. 23. The judges of the fupreme court of judicature fhall have fixed falaries, be commiffioned for seven years only, though capable of re-appointment at the end of that term, but removeable for misbehaviour at any time by the general affembly; they shall not be allowed to fit as members in the continental congrefs, executive council, or general affembly, nor to hold any other office civil or military; nor to take or receive fees or perquifites of any kind.

Sect. 24. The fupreme court, and the feveral courts of common pleas of this commonwealth, fhall, befides the powers ufually exercised by fuch courts, have the powers of a court of chancery, fo far as relates to the perpetuating teftimony, obtaining evidence from places not within this state, and the care of the perfons and eftates of those who are non compotes mentis, and fuch other powers as may be found neceffary by future general aflemblies, not inconfiftent with this conftitution.

Sect. 25. Trials fhall be by jury as heretofore: And it is reecommended to the legiflature of this ftate to provide by law against every corruption or partiality in the choice, return, or appointment of juries.

Sect. 26. Courts of feffions, common pleas, and orphans courts fhall be held quarterly in each city and county; and legiflature fhall have power to establish all such other courts as they may judge for the good of the inhabitants of the state. All courts fhall be open, and justice shall be impartially adminiftered, without corruption or unneceffary delay: All their

officers

officers, fhall be paid an adequate but moderate compensation for their fervices: And if any officer fhall take greater or other fees than the laws allow him, either directly or indirectly, it fhall ever after difqualify him from holding any office in this Lates

Sect. 27. All profecutions fhall commence in the name and by the authority of the freemen of the commonwealth of Penn fylvania, and all indictments fhall conclude with these words! "Against the peace and dignity of the fame." The ftyle of all process hereafter in this ftate fhall be, The commonwealth of Pennsylvania

Sect. 28. The perfon of a debtor, where there is not a strong prefumption of fraud, fhall not be continued in prifon, after delivering up, bona fides all his eftate real and perfonal, for the ufe of his creditors, in fuch manner as fhall be hereafter regulated by law. All prifoners fhall be bailable by fufficient fureties, unless for capital offences, when the proof is evident, or prefumption great.

Sect. 29. Exceffive bail fhall not be exacted for bailable of fences: And all fines fhall be moderate.

Sect. 30. Juftices of the peace fhall be elected by the freeholders of each city and county refpectively, that is to fays two or more perfons may be chofen for each ward, township, or district, as the law fhall hereafter direct: And their names fhall be returned to the prefident in council, who fhall com miffionate one or more of them for each ward, township, or diftrict fo returning, for feven years, removable for misconduct by the general affembly: But if any city or county, ward, township, or diftrict in this commonwealth, fhall hereafter incline to change the manner of appointing their juftices of the peace, as fettled in this article, the general affembly may make laws to regulate the fame, agreeable to the defire of a majority of the freeholders of the city or county, ward, township, or diftrict fo applying. No juftice of the peace fhall fit in the general affembly, unless he first refign his commiffion, nor fhall he be allowed to take any fees, nor any falary or allowance, except fuch as the future legiflature may grant.

Sect. 31. Sheriffs and coroners fhall be elected annually in each city and county, by the freemen; that is to say, two perfons for each office, one of whom for each, is to be commiffioned by the prefident in council. No perfon fhall continue in the cffice of fheriff more than three fucceffive years, or be capable of being again elected during four years, afterwards. The election fhall be held at the fame time and place appointed. for the election of reprefentatives: And the commissioners and affeffors, and other officers chofen by the people, fhall also be then and there: elected, as has been ufual heretofore, until

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altered

altered or otherwife regulated by the future legislature of this ftate.

Sect. 32. All elections, whether by the people or in general affembly, fhall be by ballot, free and voluntary: And any elector, who shall receive any gift or reward for his vote, in meat, drink, monies, or otherwife, fhall forfeit his right to elect for that time, and suffer fuch other penalty as future laws fhall direct. And any perfon who fhall directly or indirectly give, promife, or beftow any fuch rewards to be elected, shall be thereby rendered incapable to ferve for the enfuing year.

Sect. 33. All fees, licence money, fines, and forfeitures heretofore granted, or paid to the governor, or his deputies for the fupport, of government, fhall hereafter be paid into the public treasury, unless altered or abolished by the future legisla

ture.

Sect. 34. A register's office for the probate of wills, and granting letters of administration, and an office for the recording of deeds, fhall be kept in each city and county: The officers to be appointed by the general affembly, removeable at their pleasure, and to be commiffioned by the prefident in council. Sect. 35. The printing preffes fhall be free to every perfon who undertakes to examine the proceedings of the legislature, or any part of government.

Sect. 36. As every freeman to preserve his independence (if without a fufficient eftate) ought to have fome profeffion, calling, trade or farm, whereby he may honestly fubfift, there can be no neceffity for, nor ufe in establishing offices of profit; the ufual effects of which are dependence and fervility, unbecoming freemen, in the poffeffors and expectants; faction, contention, corruption, and diforder among the people. But if any man is called into public fervice, to the prejudice of his private affairs, he has a right to a reafonable compenfation: And whenever an office, through increafe of fees, or otherwise, becomes fo profitable as to occafion many to apply for it, the profits ought to be leffened by the legislature.

·Sect. 37. The future legislature of this state, fhall regulate entails in fuch a manner as to prevent perpetuities.

Sect. 38. The penal laws as heretofore ufed, fhall be reformed by the legislature of this state, as foon as may be, and punishments made in fome cafes lefs fanguinary, and in general more proportionate to the crimes.

Sect. 39. To deter more effectually from the commiffion of crimes, by continual visible punishment of long duration, and to make fanguinary punishments lefs neceffary, houfes ought to be provided for punishing by: hard labour, thofe who fhall be convicted of crimes not capital; wherein the criminals fhall be employed for the benefit of the public, or for reparation of

injuries

injuries done to private perfons; And all perfons at proper times fhall be admitted to fee the prifoners at their labour.

Sect. 40. Every officer, whether judicial, executive, or military, in authority under this commonwealth, fhall take the following oath or affirmation of allegiance, and general oath of office, before he enter on the execution of his office: The oath or affirmation of allegiance. "I do fwear (or affirm) That I will be true and faithful to the commonwealth of Pennfylvania: And that I will not directly or indirectly do any act or thing prejudicial or injurious to the conftitution or government thereof, as cftablished by the convention." The oath or affirmation of office. "I do fwear (or affirm) That I will faithfully execute the office of for the of and will do equal right and justice to all men to the beft of my judgment and abilities, according to law.”

Sect. 41. No public. tax, cuftom, or contribution fhall be impofed upon, or paid by the people of this ftate, except by a law for that purpose, And before any law be made for raifing it, the purpose for which any tax is to be raised ought to appear clearly to the legislature to be of more fervice to the community than the money would be, if not, collected; which being well obferved, taxes can never be burdens.

Sect. 42. Every foreigner of good character, who comes to fettle in this ftate, having firft taken an oath or affirmation of allegiance to the fame, may purchase, or by other just means acquire, hold, and transfer land or other real eftate; and after one year's refidence fhall be deemed a free denizen thereof, and intitled to all the rights of a natural born fubject of this state, except that he shall not be capable of being elected a reprefentative, until after two years refidence.

Sect. 43. The inhabitants of this, ftate fhall have liberty to fowl and hunt in feasonable times on the lands they hold, and on all other lands therein, not inclofed; and in like manner to fifh in all boatable waters, and others, not private property,

Sect. 44. A fchool or fchools fhall be eftablished in each county by the legislature, for the convenient inftruction of youth, with fuch falaries to the mafters paid by the public, as may enable them to inftruct youth at low prices: And all ufeful learning fhall be duly encouraged and promoted in one or more univerfities.

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Sect. 45. Laws for the encouragement of virtue, and prevention of vice and immorality, fhall be made and conftantly kept in force, and provifion fhall be made for their due execution: And all religious focieties or bodies of men heretofore united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, thall be encouraged and protected in the enjoyment of the privileges, immunities and eftates which they were accuftomed to enjoy,

or

For could of right have enjoyed, under the laws and former conftitution of this ftate.

Sect. 46. The declaration of rights is hereby declared to be a part of the conftitution of this commonwealth, and ought "never to be violated on any pretence whatever.

Selt. 47. In order that the freedom of this commonwealth may be preferved inviolate for ever, there fhall be chofen by ballot by the freemen in each city and county respectively, on the fecond Tuesday in October, in the year one thousand feven hundred and eighty three, and on the fecond Tuefday in October in every feventh year thereafter, two perfons in each city and county of this ftate, to be called, The Council of Cenfors; who fhall meet together on the fecond Monday of November, next enfuing their election; the majority of whom fhall be a quorum in every cafe, except as to calling a convention, in which two thirds of the whole number elected shall agree; and whofe duty it fhall be to enquire whether the conftitution has been preferved inviolate in every part? And whether the legislative and executive branches of government have performed. their duty as guardians of the people, or affumed to themselves, or exercifed other or greater powers than they are entitled to by the conftitution: They are alfo to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been difpofed of, and whether the laws have been duly executed. For these purposes they fhall have power to fend for persons, papers, and records; they fhall have authority to pass public cenfures, to order impeachments, and to recommend to the legiflature the repealing fuch laws as appear to them to have been enacted contrary to the principles of the conftitution: These powers they fhall continue to have, for and during the Space of one year from the day of their election, and no longer The faid council of cenfors fhall alfo have power to call a convention, to meet within two years after their fitting, if there appear to them an abfolute neceffity of amending any article of the conftitution which may be defective, explaining fuch as may be thought not clearly expreffed, and of adding fuch as are neceffary for the prefervation of the rights and happinefs of the people: But the articles to be amended, and the amendments propofed, and fuch articles as are propofed to be added or abolished, fhall be promulgated at leaft fix months before the day appointed for the election of such convention, for the previous confideration of the people, that they may have an opportunity of inftructing their delegates on the fubject,

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